Text: HF02262 Text: HF02264 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321J.2, subsection 2, paragraph a, Code 1 2 Supplement 1997, is amended by adding the following new 1 3 subparagraph: 1 4 NEW SUBPARAGRAPH. (5) Performance of not less than two 1 5 hundred hours of unpaid community service, which, in the 1 6 discretion of the court, may be imposed in addition to or as 1 7 an alternative to the fine or unpaid community service imposed 1 8 under subparagraph (2). 1 9 Sec. 2. Section 321J.2, subsection 2, paragraph b, Code 1 10 Supplement 1997, is amended to read as follows: 1 11 b. An aggravated misdemeanor for a second offense, and1 12shall be imprisonedpunishable by all of the following: 1 13 (1) Imprisonment in the county jail or community-based 1 14 correctional facility for not less than seven days, and1 15assessed. 1 16 (2) Assessment of a fine of not less than one thousand 1 17 five hundred dollars nor more than five thousand dollars. 1 18 (3) Performance of not less than five hundred hours of 1 19 unpaid community service. 1 20 Sec. 3. Section 321J.2, subsection 2, paragraph c, Code 1 21 Supplement 1997, is amended to read as follows: 1 22 c. A class "D" felony for a third offense and each 1 23 subsequent offense,and shall be imprisonedpunishable by all 1 24 of the following: 1 25 (1) Imprisonment in the county jail for a determinate 1 26 sentence of not more than one year but not less than thirty 1 27 days, orcommittedcommitment to the custody of the director 1 28 of the department of corrections, and assessed a fine of not1 29less than two thousand five hundred dollars nor more than1 30seven thousand five hundred dollars. A person convicted of a1 31third or subsequent offense may be committed to the custody of1 32the director of the department of corrections,who shall 1 33 assign the person to a facility pursuant to section 904.513 or 1 34 who may commit the offendermay be committedto treatment in 1 35 the community under the provisions of section 907.6. 2 1 (2) Assessment of a fine of not less than two thousand 2 2 five hundred dollars nor more than seven thousand five hundred 2 3 dollars. 2 4 (3) Performance of not less than one thousand hours of 2 5 community service. 2 6 Sec. 4. Section 321J.2, subsection 3, Code Supplement 2 7 1997, is amended by adding the following new paragraph: 2 8 NEW PARAGRAPH. e. The mandatory minimum amounts of 2 9 community service required pursuant to subsection 2 shall not 2 10 be decreased, deferred, or suspended, notwithstanding any 2 11 provision of the Code to the contrary. 2 12 (1) The unpaid community service shall be performed under 2 13 the direction of the district court, judicial district 2 14 department of correctional services, or board of parole, 2 15 according to the sentence imposed upon the defendant. 2 16 However, the defendant shall not be permitted to perform any 2 17 part of the community service obligation during any mandatory 2 18 minimum term of imprisonment, or during any period of 2 19 commitment to the director of the department of corrections, 2 20 as required under subsection 2. 2 21 (2) If the defendant is required to perform the community 2 22 service as a condition of probation, the defendant shall be 2 23 subject to all requirements of probation, including the 2 24 provisions of chapters 907 and 908. 2 25 (3) If the defendant is committed to the custody of the 2 26 director of the department of corrections, the community 2 27 service obligation shall be imposed as a condition of parole. 2 28 The defendant's parole shall be served pursuant to all 2 29 requirements of chapters 906 and 908. 2 30 Sec. 5. Section 906.4, unnumbered paragraph 3, Code 1997, 2 31 is amended to read as follows: 2 32 The board may establish as a condition of a person's parole 2 33 or work release that the person perform a specified number of 2 34 hours of unpaid community service. The board shall not make 2 35 community service a uniform or mandatory requirement for all 3 1 or substantially all parolees or work release inmates but 3 2 shall exercise discretion in ordering community service as a 3 3 condition of parole or work release.The board shall report3 4to the general assembly on the implementation of community3 5service as a condition of parole or work release. The report3 6shall be submitted on or before January 1, 1991.However, if 3 7 a specific community service requirement is imposed by the 3 8 statute associated with the offense, the board shall establish 3 9 performance of the community service as a condition of parole. 3 10 The board shall not impose less than the minimum amount of 3 11 community service required by such statute, but may in its 3 12 discretion order a greater amount. 3 13 Sec. 6. Section 907.13, Code 1997, is amended to read as 3 14 follows: 3 15 907.13 COMMUNITY SERVICE SENTENCING – LIABILITY – 3 16 WORKERS' COMPENSATION. 3 17 1. The court may establish as a condition of probation 3 18 that the defendant perform unpaid community servicefor a. 3 19 Unless a specific minimum amount of community service is 3 20 required by the statute relating to the offense committed by 3 21 the defendant, the amount of time that the court shall order 3 22 the defendant to perform community service shall nottoexceed 3 23 the maximum period of confinement for the offense of which the 3 24 defendant is convicted. 3 25 2. Ifthisa community service condition is established 3 26 pursuant to subsection 1, the defendant inco-operation3 27 cooperation with the probation officer assigned to the 3 28 defendant and inco-operationcooperation with the judicial 3 29 district department of correctional services, shall promptly 3 30 prepare a plan to implement the community service condition. 3 31 The plan shall include but shall not be limited to the 3 32 suggested placement of the defendant and the suggested number 3 33 of hours of services to be required. 3 34 3. If a specific minimum community service requirement is 3 35 imposed by the statute relating to defendant's offense, the 4 1 defendant shall prepare the plan as described in subsection 2, 4 2 but shall not structure the plan to require fewer hours of 4 3 community service than is required in the statute relating to 4 4 the defendant's offense. 4 52.4. The defendant's plan of community service, the 4 6 comments of the defendant's probation officer, and the 4 7 comments of the representative of the judicial district 4 8 department of correctional services responsible for the unpaid 4 9 community service program, shall be submitted promptly to the 4 10 court. The court shall promptly enter an order approving the 4 11 plan or modifying it. Compliance with the plan of community 4 12 service as approved or modified by the court shall be a 4 13 condition of the defendant's probation. 4 14 5. The court thereafter may modify the plan at any time 4 15 upon the defendant's request, upon the request of the judicial 4 16 district department of correctional services, or upon the 4 17 court's own motion. However, the court shall not modify the 4 18 plan in any manner that would impose a community service 4 19 obligation that is less onerous than the minimum amount 4 20 required by the statute relating to the defendant's offense. 4 21 a. As an option for modification of a plan, the court may 4 22 allow a defendant to complete some part or all of the 4 23 defendant's community service obligation through the donation 4 24 of property to a charitable organization other than a 4 25 governmental subdivision. However, this option shall not be 4 26 available if a specific requirement for community service is 4 27 contained in the statute relating to the defendant's offense. 4 28 b. A donation of property to a charitable organization 4 29 offered in satisfaction of some part or all of a community 4 30 service obligation under this subsection is not a deductible 4 31 contribution for the purposes of federal or state income 4 32 taxes. 4 333.6. At any time during the probation period the 4 34 defendant may request and the court shall grant a hearing on 4 35 any matter related to the plan of community service. 5 14.7. Failure of the defendant to comply with subsection 5 2 1, 2, or 3, if applicable, or to comply with the plan of 5 3 community service as approved or modified by the court shall 5 4 constitute a violation of the conditions of probation. 5 5Without limitation, the court may modify the plan of community5 6service or modify the required hours of service, but not5 7beyond the maximum hours of service specified in subsection 1.5 85.8. The state of Iowa is exclusively liable, according 5 9 to and under chapter 669, for a tortious act committed by a 5 10 defendant while performing unpaid community service. 5 116.9. The state of Iowa is exclusively liable for and 5 12 shall pay any compensation becoming due any person under 5 13 section 85.59. 5 14 Sec. 7. Section 908.5, Code Supplement 1997, is amended to 5 15 read as follows: 5 16 908.5 DISPOSITION. 5 17 If a violation of parole is established, the administrative 5 18 parole and probation judge may continue the parole with or 5 19 without any modification of the conditions of parole. 5 20 However, if a condition of parole has been set by the board of 5 21 parole in accordance with the statute related to the offense 5 22 committed by the parolee, the administrative parole and 5 23 probation judge shall not modify the conditions of parole to 5 24 require fewer conditions or less onerous conditions than such 5 25 other statute requires. The administrative parole and 5 26 probation judge may revoke the parole and require the parolee 5 27 to serve the sentence originally imposed, or may revoke the 5 28 parole and reinstate the parolee's work release status. The 5 29 order of the administrative parole and probation judge shall 5 30 contain findings of fact, conclusions of law, and a 5 31 disposition of the matter. 5 32 EXPLANATION 5 33 This bill imposes a mandatory minimum community service 5 34 obligation as part of any sentence for an operating while 5 35 intoxicated (OWI) offense. A defendant would be required to 6 1 perform at least 200 hours for a first offense, which in the 6 2 discretion of the court, could be imposed in addition to or as 6 3 an alternative to the fine or other community service imposed. 6 4 For a second offense, a defendant would be required to perform 6 5 a minimum of 500 hours of community service, and for a third 6 6 or subsequent offense, 1,000 hours. 6 7 The court could not decrease, defer, or suspend the minimum 6 8 amount of community service. Community service could not be 6 9 performed during any minimum period of incarceration imposed 6 10 for the OWI offense. The bill would allow the court to impose 6 11 the obligation as a condition of probation or parole, if 6 12 probation or parole were otherwise available. 6 13 Related changes are made to Code sections 906.4, 907.13, 6 14 and 908.5, related to imposing and modifying conditions of 6 15 parole and probation. A technical change is also made to Code 6 16 section 906.4 to delete an obsolete reference to a report 6 17 required only during 1991. The board of parole has never 6 18 ordered community service as a requirement of parole, and 6 19 therefore never made such a report. 6 20 LSB 3606HH 77 6 21 jls/jl/8
Text: HF02262 Text: HF02264 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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